Jurisprudential Analysis of the Blood Money of “Penetrating Injuries”

فقه و اصول

Article 7, Volume 53, Issue 3 - Serial Number 126, October 2021, Pages 146-129   

Document Type: Original Article

DOI: 10.22067/jfu.v53i3.86219

Authors

Alireza Mollashahi¹; Abalfazl Alishahi Ghalejoughi^{* 2}; Abdallah Bahman pouri³

¹Ph.D. Graduate of Islamic Jurisprudence and Principles of Islamic Law, Yasouj University

²Associate Professor, Department of Theology, Farhangian University, Tehran, Iran

³Assistant Professor, Department of Theology, Yasouj University

Abstract

In jurisprudential texts and consequently in the Islamic Penal Code, penetrating injury means the insertion of sharp instruments into organs such as limbs. Note 1 of article 713 of this Code states that the above said ruling applies to organs whose blood money exceeds one-tenth of the full blood money. According to note 2 of article 713, in case the object protrudes from the other side of limbs, two penetrating blood monies are payable. In the above said article and its two notes, there are cases that can be criticized, such as restricting the body parts of penetrating injury to limbs without designating its coordinates, the blood money being payable to men and Arsh (monetary compensation for bodily injuries whose amount is not determined by law) being payable to women,  determining two blood monies in case the object protrudes from the other side of limbs, and most significantly, applying the ruling to organs whose blood money exceeds one-tenth of full blood money, etc. This research, through a descriptive-analytical method, has analyzed and examined the above said cases from jurisprudential and legal perspectives and concluded that the basis for realization of penetrating injury in case the wounding instrument penetrates an organ whose blood money exceeds hundred Dinars is controversial from certain aspects; for instance, the full blood money of an organ may be a little more than hundred Dinars, consequently, hundred dinars are payable in case it is pierced which is not reasonable and is inconsistent with financial justice existing in the Diyat field. Additionally, the understanding from the Sharia desire and the proportion between precept and its object does not accept it; accordingly, the jurisprudential basis that considers the organs with full blood money or with at least half of blood money as the object of penetrating injury is more reasonable and acceptable and accordingly, the amount payable for penetrating that organ is one-tenth of the full blood money which equals hundred Dinars.

Keywords

Dia (blood money); injury; penetrating; the Penal Code; Penetrating Injury to a Female

References